2 CCR 402-15 Rules and Regulations For Submittal and Evaluation of Interruptible Water Supply Agreements

• Library: Colorado Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 46, No. 24, December 25, 2023
• Citation: 2 CCR 402-15
• Year: 2023

15.1 Title

The title of these rules and regulations is "Rules And Regulations for Submittal and Evaluation of Interruptible Water Supply Agreements submitted pursuant to 37undefined37-92-309 C.R.S." The short title for these rules and regulations is the "IWSA Rules". They may be referred to herein collectively as the "Rules" and individually as a "Rule".

15.2 Authority

These Rules are promulgated pursuant to the authority granted the State Engineer in Sections 37undefined37-80-102(1)(g) and (k) and 37undefined37-92-309(5) C.R.S. (2005).

15.3 Scope and Purpose

A. 37-92-309(1), C.R.S. states, "(t)he general assembly hereby finds, determines and declares that there are certain circumstances under which administrative approval of the use of Interruptible Water Supply Agreements can maximize the beneficial use of Colorado water resources without the need for an adjudication and without injury to vested water rights or decreed conditional water rights This section is intended to enable water users to transfer the historical consumptive use of an absolute water right for application to another type or place of use on a temporary basis without permanently changing the water right."

B. 37-92-309(3), C.R.S states, "(t)he state engineer is authorized to approve and administer Interruptible Water Supply Agreements that permit a temporary change in the point of diversion, location of use, and type of use of an absolute water right without the need for an adjudication pursuant to this article..." subject to additional provisions contained in 37undefined37-92-309 C.R.S.

C. The State Engineer's authority for approval and administration of Interruptible Water Supply Agreements is in conjunction with the administrative authority given in 37undefined37-80-102(1) C.R.S. The Rules promulgated herein are required to enable the State Engineer to carry out the approval and administration of Interruptible Water Supply Agreements pursuant to 37undefined37-92-309, C.R.S.

D. The State Engineer does not have the authority under 37undefined37-92-309, C.R.S. or these rules to approve out-of-priority depletions caused by diversions from surface or ground water sources and the replacement of those depletions. Such operations require either a court approved plan for augmentation or an approved substitute water supply plan pursuant to 37undefined37-92-308, C.R.S.

E. 37undefined37-92-309 (3) C.R.S. identifies the process by which Applications for approval of Interruptible Water Supply Agreements must be submitted, the information that must accompany each Application, the evaluation process, and other details related to the approval of the Interruptible Water Supply Agreement. These rules apply to the evaluation and approval of Interruptible Water Supply Agreements and to the assessment of application fees for Interruptible Water Supply Agreements. Their purpose is to set additional standards for submittal of Interruptible Water Supply Agreement Applications and their supporting information to make the submittal and evaluation process more uniform and certain and to ensure the State Engineer has the information necessary to approve an Interruptible Water Supply Agreement Application without injury to other vested water rights.

F. These rules establish the fee that must be submitted with the Application for an Interruptible Water Supply Agreement pursuant to 37-92-309, C.R.S.

G. These rules do not apply to submittal and evaluation of substitute water supply plans pursuant to 37undefined37-92-308, C.R.S.

15.4 Definitions

15.4.1 Statutory Definitions. The terms listed below are defined by statute and have the identical meaning as in the referenced statutes: Interruptible Water Supply Agreement, loaning water right owner, and borrowing water right owner are defined in Section 37 92-309(2) C.R.S. (2005).

15.4.2 Specific Definitions. Unless expressly stated otherwise, the following terms shall have the meaning indicated in this Rule: A. Applicant - The party or the representative of the party that is requesting approval of the Interruptible Water Supply Agreement. B. Application - The request for approval of the Interruptible Water Supply Agreement; all required documents, information or engineering supporting the request; proof of notice to SWSP list; and the required fee established by these Rules. C. Return Flows - The portion of the Water Right that is subject of the Interruptible Water Supply Agreement that historically returned to the stream system through surface runoff and deep percolation. D. Replacement Water - The water that the Applicant will use to replace the Return Flows. E. SWSP Notification List - The list of parties compiled pursuant to 37undefined37-92-308(6), C.R.S. F. Water Right- The specific water right, water rights, or portion of water rights that are being loaned and are subject of the temporary change. (Note: a water right, in general, is defined in 37undefined37-92-103(12), C.R.S. For the purposes of this document, Water Right, if capitalized, will take the definition given in this Rule.)

15.4.3 Other Definitions- All other words used herein shall be given their usual customary and accepted meanings. All words of a technical nature specific to the well drilling industry shall be given the meaning that is generally accepted in that industry.

15.4.4 Gender- Words used in the present tense include other tenses; words used in the masculine gender include the feminine and neuter genders.

15.5 General Rules

A. Temporary Nature of a Change of a Water Right. An Interruptible Water Supply Agreement approved according to the statutes and the rules promulgated herein shall effect only a temporary change in the historical consumptive use of the Water Right in a manner that will not cause injury to other water rights and decreed conditional water rights, if such conditional rights will be exercised during operation of the...